Raja Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2026)

Raja Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2026)

What the court decided

AI extract

Outcome

Petitioner to be released on bail in the event of arrest or surrender before the learned court below within six weeks, on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Judge, POCSO, Sheikhpura, in connection with Kusumbha P.S. Case No. 31 of 2026, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issue for consideration

Whether the petitioner, who apprehends arrest in the case registered under Sections 329(4), 351(2), 352, 74, 3(5) of the Bharatiya Nyaya Sanhita and Section 8 of the POCSO Act (Kusumbha P.S. Case No. 31 of 2026), should be released on bail in the event of arrest or surrender before the court below.

Ratio / Principle

Considering the facts and circumstances of the case, the submissions of learned counsel, the petitioner's young age and his clean antecedent, the petitioner was ordered to be released on bail in the event of arrest or surrender before the learned court below within six weeks, on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Judge, POCSO, Sheikhpura, in connection with Kusumbha P.S. Case No. 31 of 2026, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Key takeaways

The grounds taken into account in granting bail were the facts and circumstances of the case, the submissions of learned counsel for the parties, the young age of the petitioner and his clean antecedent.ratio¶¶19

Detailed headnote1 paragraphs

Bail in the event of arrest or surrender — Patna High Court (Sunil Dutta Mishra, J) allowed a petitioner aged about 22 years with no criminal antecedent, apprehending arrest in Kusumbha P.S. Case No. 31 of 2026 registered under Ss. 329(4), 351(2), 352, 74, 3(5) BNS and S. 8 POCSO for allegedly molesting the informant's minor granddaughter, to be released on bail upon arrest or surrender within six weeks on a bail bond of Rs.10,000/- with two like sureties to the satisfaction of the Special Judge, POCSO, Sheikhpura, subject to S. 482(2) BNSS conditions; bail was granted in view of the facts and circumstances, counsel's submissions (including the parties' compromise and the submitted charge-sheet), the petitioner's young age and clean antecedent.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41362 of 2026

Arising Out of PS. Case No.-31 Year-2026 Thana- Kusumbha District- Sheikhpura

======================================================

Raja Kumar S/o Bharat Singh R/o Vill- Devra, P.S.- Kusumbha, DisttSheikhpura

... ... Petitioner/s Versus

The State of Bihar 2. Suresh Prasad Singh S/o Late Dwarika Singh R/o Vill- Devra, P.S.Kusumbha, Distt- Sheikhpura

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Madhav Raj, Advocate Mr. Abhinav Kumar, Advocate Mr. Kumar Ashish, Advocate For the State : Mr. Umeshanand Pandit, APP For the Informant : Mr. Vikas Kumar Jha, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 01-07-2026

Heard learned counsel for the petitioner, learned

A.P.P. for the State and learned counsel for the informant.

The petitioner apprehends his arrest in a case registered under Sections 329(4), 351(2), 352, 74, 3(5) of the Bharatiya Nyaya Sanhita and Section 8 of the POCSO Act.

As per the F.I.R., the petitioner along with other accused person entered the house of the informant at night and started molesting the minor granddaughter of the informant. When she raised hulla, petitioner managed to flee away from there and other co-accused person was handed over to the police. It is further alleged that the accused persons threatened the informant with dire consequences.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.41362 of 2026(2) dt.01-07-2026 2/3

petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that the name of the petitioner has come only on the basis of confessional statement of the co-accused Neeraj Kumar. The victim has not seen the petitioner at the place of occurrence. It is next submits that both the parties have entered into compromise and good relation established between them. A copy of the compromise petition is also annexed as Annexure-2 to the bail application. After investigation charge-sheet has already been submitted. Petitioner is a young boy, aged about 22 years, having no criminal antecedent and he undertakes to cooperate in the trial.

Learned A.P.P. for the State and learned counsel for the informant conceded the fact of compromise.

Having considered the facts and circumstances of the case, submissions of learned counsel for the parties, young age of the petitioner and his clean antecedent, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge,

Patna High Court CR. MISC. No.41362 of 2026(2) dt.01-07-2026 3/3

POCSO, Sheikhpura in connection with Kusumbha P.S. Case No. 31 of 2026, subject to the conditions as laid down under

Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

(Sunil Dutta Mishra, J)

utkarsh/-

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